How can I evict bad tenants?

New statistics show the number of court cases brought by private landlords increased by seven per cent last year, with cases for accelerated possession increasing by 37 per cent – back to pre recession levels.

Landlords are clearly taking action to get their properties back. Of all our landlord services, our evictions service has been one of the most in demand over the last year.

In many cases, if handled correctly, we can avoid court action completely. The earlier you get a professional involved, the better.
It’s a fact that tenants are becoming more knowledgeable about the law on rented property and this is leading to a rise in rental arrears. This is why it’s even more important to seek professional help at the earliest stage.

If you get a bad tenant that falls behind on the rent, there are two types of notice that can be served to gain possession – section 21 and section 8.

In a nutshell, a section 21 notice allows you to bring an assured short hold tenancy to an end without giving a reason as long as the correct notice is given. However, the notice period can not expire until the end of the fixed term tenancy. A section 8 notice can be used before the fixed term has finished and in contrast to a section 21 notice, the arrears of rent can be claimed at the same time.

Every situation is different and legal advice should always be taken from an expert who knows the correct procedure. This will help you avoid unnecessary delays. Strong evidence is required and there are pitfalls for the uninitiated.

Remember to register your tenants deposit at the start of the tenancy. Since 6th April 2007 it has been law that any deposit must be registered within 14 days. Failing to do this is a serious offence and means you will not be able to use section 21, should you need to evict your tenant.

Legal 4 Landlords has teamed up with MYDEPOSITS, a government deposit registration scheme. To obtain a discount, quote LEG001 or call 0844 5674001 for more information.